Chronic DUI offender gets slight reduction in sentence

MEDIA COURTHOUSE — An Upper Darby man serving four and a half to nine years in a state correctional institution for a 2013 drunk driving accident had four months knocked off his sentence Tuesday.

James John Duggan, 55, was out on bail for his ninth DUI charge when he pulled out of the parking lot of R.P. McMurphy’s onto MacDade Boulevard and into the path of a motorcycle being driven by Kayla Possinger at about 9 p.m. on July 11, 2013.

Possinger described being conscious throughout the accident at the original sentencing hearing in June, as well as the months of painful rehabilitation that have followed.

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Former Assistant District Attorney Lindsay McDonald described Duggan as a “ticking time bomb” when he was initially sentenced on two counts of driving under the influence, driving with a suspended license while DUI and aggravated assault while DUI.

But defense attorney Robert Deluca had asked Judge George Pagano to reduce the sentence to the mitigated range, noting Duggan had cooperated with Possinger’s attorneys in a related civil action by providing a statement and receipts related to his activities that day.

Assistant District Attorney Sandra Urban said she did not think Duggan providing a statement following sentencing was relevant and that civil attorneys have the same subpoena powers as criminal attorneys, so they would have gotten that information anyway.

“To modify the sentence would just completely do a disservice to the victim, her family, it would not take into consideration the seriousness of this crime,” Urban said. “It was a miracle, quite frankly, that (Possinger) did not die that day.”

“We’re not asking for one year,” Deluca said. “This is a serious crime. We understand all that. We just ask that you give proper consideration for the fact that Mr. Duggan has cooperated, he is remorseful for these acts and he obviously has a drinking problem.”

The judge noted that Duggan already had a fair amount of consideration at the initial sentencing hearing, when he ran two cases concurrently that otherwise would have added four years.

He added that he did not believe it was a case that should go below the standard range of 48 months, but did reduce the minimum sentence by four months. Pagano kept all other aspects the same, however, noting Duggan likely needs to be monitored for a lengthy period.

“I understand that alcoholism is not just a condition, it’s a disease,” he said. “I believe he’s an alcoholic and he’s going to be an alcoholic for the rest of his life, and so I think he needs supervision.”

About the Author

Alex Rose covers court proceedings for the Daily Times. He also writes a weekly science column. Reach the author at arose@delcotimes.com
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